Shantha Vithalrao Lakshmain v. Vithalrao Dasappa Lakshmain (Deceased)

8.IA.1399.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1399 OF 2023 IN TESTAMENTARY PETITION (LODGING) NO. 2832 OF 2017 Vithalrao Dasappa Lakshmain ...Deceased Smt. Shantha Vithalrao Lakshmain & Anr.

...Applicants/Petitioners ***  Adv. S.N. Pillai, for Applicants/Petitioners. *** CORAM : MANISH PITALE, J DATE : 08th JANUARY, 2024.

P. C. :

SHRIKANT SHRINIVAS MALANI by SHRIKANT SHRINIVAS MALANI Date: 2024.01.09 11:39:38 +0530 1.

By this application, the applicants are seeking restoration of the petition, which stood dismissed on 27th February, 2018, due to non removal of office objections.

2.

It is stated that one of the objections was non payment of Court Fees.

3.

In the application it is stated that applicant No. 1 is a senior citizen and that applicant No. 2 resides outside Mumbai and they could not follow up on the matter, as a consequence of which, the petition stood rejected under Rule 986 of the Bombay High Court (Original Side) Rules, 1980.

4.

Although there is considerable delay in moving the present application, this Court is of the opinion that the applicants would have nothing to gain by moving the present application after Shrikant

8.IA.1399.2023.doc considerable delay.

5.

It would be in the interest of justice that the application is allowed, subject to the applicants removing office objections within two weeks from today.

6.

The application is allowed. Delay in moving the application is condoned. The petition stands restored, subject to the office objections being removed, within two weeks from today. (MANISH PITALE, J.) Shrikant